Professional Documents
Culture Documents
0/LI76/
MA/NIC/CANDY/LEEZ/NEETA/AMANDA
Our Ref. : 002836.256.HY.IM.20
Date : 07/04/2020
We refer to the above matter and your Letter of Instruction dated 12/02/2020.
1. We enclose herewith the following documents, contents of which are self-explanatory for your kind attention
and/or safe keeping :-
A. Agreements
1. Lease Agreement made between the Bank and 09/03/2020 ( ) enclosed the original
the Lessee (√ ) undertake to forward
(with “Sijil Setem” on the ad valorem stamp duty (√ ) executed
paid) (√ ) stamped
2. Deed of Guarantee made between the Bank N/A ( ) enclosed the original
and the Guarantor ( ) undertake to forward
( ) executed
( ) stamped
3. Terms and Conditions for Incentive to Purchase N/A ( ) enclosed the original
accepted by the Lessee ( ) undertake to forward
( ) executed
4. Sale and Purchase Agreement made between 09/03/2020 ( ) enclosed the original
the Bank and the Developer (“SPA”) ( ) enclosed the duplicate
(√ ) undertake to forward
(√ ) executed
(√ ) stamped
5. Deed of Mutual Covenants made between the 09/03/2020 ( ) enclosed the original
Bank and the Developer ( ) enclosed the duplicate
(√ ) undertake to forward
(√ ) executed
(√ ) stamped
1. The approval from the relevant authority for N/A ( √ ) not applicable
release of the Property to a non-Bumiputra ( ) enclosed a copy
Purchaser obtained ( ) undertake to forward
2. Consent to transfer from the State Authority for N/A ( √ ) not applicable
transfer of the Property obtained and presented ( ) enclosed a copy
Pres No. __________
Dated : ________
3. Consent to lease from the State Authority for N/A ( √ ) not applicable
lease of the Property obtained and presented ( ) enclosed a copy
Pres No. __________
Dated :
10. The latest Quit Rent [duly paid] 23/01/2020 ( √ ) enclosed a copy
( √ ) undertake to forward
D. Searches
( √ ) Developer 06/04/2020
( √ ) Proprietor 11/02/2020
2.1 the Agreements prepared by us have complied with all the Bank’s requirements and that the above
Agreements are legal, binding and enforceable on the Lessee(s), the Guarantor(s), the Developer
and/or the Proprietor (as the case may be) and that the interest of the bank is fully protected at all
times;
2.2 in the event that the Agreements or any one of them are/is not in order in any respect whatsoever for
reason attributable to act of negligence, error, mistakes or omission on our part resulting in the Bank
sustaining any loss or damage arising therefore, we as the solicitors responsible for the preparation
of the Agreements, shall be responsible to make good to the Bank in full such loss and damage;
2.3 based on the information that is furnish to us by the Bank, the Lessee(s), the Guarantor(s), the
Developer and/or the Proprietor (as the case may be) and the information obtained by us from public
records, the Agreements executed by the Bank are in order.
2.4 we have done online checking at the Lembaga Hasil Dalam Negeri website and that the stamping
acknowledgement on the stamp certificate/digital franking are genuine and the Lembaga Hasil
Dalam Negeri online authentication of full ad-valorem stamp duty paid.
3. In accordance with Section 3.1, Schedule 3 of the Framework Agreement dated 12 July 2019 made
between the Bank and the Developer (“Framework Agreement”) and based on the above, we are of the
opinion that it is in order and the Bank may disburse :-
1
3.1 In the case of property under construction :
(a) RM000,000.00 progressively to the Master Chargee, RHB BANK BERHAD, via telegraphic
transfer [Account Name: RHB BANK BERHAD COD BUSINESS LOANS SETTLEMENT
ACCOUNT 1] [Account No. XXXXXXXXXXXX] being the redemption sum due and payable
to the said Master Chargee against the Architect’s Certificate of Completion of the Property;
Important Notes :
Please notify the payment details via e-mail to epayadv@rhbgroup.com or by facsimile to
No. XXXXXXXXXX (payment reference no. KLM/X-XX-XX).
(c) Where applicable, twenty percent (20%) of the purchase price (“Stage Payment”) to the
Developer, SKYMERIDIEN DEVELOPMENT SDN BHD, via telegraphic transfer [HDA
Account No. XXXXXXXXXX] [Beneficiary Bank: RHB Bank Berhad] upon the expiry of Two
(2) years from the date of the Certificate of Completion and Compliance of the Property; and
(d) Where applicable, the balance of twenty percent (20%) of the purchase price (“Final
Payment”) to the Developer, SKYMERIDIEN DEVELOPMENT SDN BHD, via telegraphic
transfer [HDA Account No. XXXXXXXXXX[Beneficiary Bank: RHB Bank Berhad] within the
period of Five (5) years from the date of the Certificate of Completion and Compliance of the
Property and accordance with the terms and condition in the Section 3.1(a)(iii) of Schedule
E to the Framework Agreement.
2
3.2 In the case of completed property :
(a) RM500,400.00 to the Developer, BENNINGTON DEVELOPMENT SDN BHD, via telegraphic
transfer [HDA Account No. 140-301-075-3] [Beneficiary Bank: United Overseas Bank (M)
Berhad] being the sixty percent (60%) of the purchase price within the Completion Period as
defined in the SPA;
1 To delete if inapplicable.
2 To delete if inapplicable.
(b) Where applicable, twenty percent (20%) of the purchase price (“Stage Payment”) to the
Developer, BENNINGTON DEVELOPMENT SDN BHD, via telegraphic transfer [HDA
Account No. 140-301-075-3] [Beneficiary Bank: United Overseas Bank (M) Berhad] upon the
expiry of two (2) years from the date of the Certificate of Completion and Compliance of the
Property; and
(c) Where applicable, the balance of twenty percent (20%) of the purchase price (“Final
Payment”) to the Developer, BENNINGTON DEVELOPMENT SDN BHD, via telegraphic
transfer [HDA Account No. 140-301-075-3] [Beneficiary Bank: United Overseas Bank (M)
Berhad] within the period of five (5) years from the date of the Certificate of Completion and
Compliance of the Property and accordance with the terms and condition in the
Section 3.1(a)(iii) of Schedule E to the Framework Agreement.
Kindly acknowledge receipt of this letter and the above enclosures by signing and returning to us the duplicate of
this letter.
Thank you.
Yours faithfully,
…………………………………………
Haryaty Hashim
Partner
E-mail : haryaty@changharyaty.my Mel/CLO-003